D.N. Patel, J. - (1.) PRESENT appeal has been admitted vide order dated 14th January, 2013. Record and proceedings of Sessions Trial No. 147 of 2008 was called for from the Trial Court so as to appreciate the argument for suspension of sentence under Section 389 of the Code of Criminal Procedure.
(2.) RECORD and proceedings of Sessions Trial No. 147 of 2008 has been received by this Court and we have perused the record. We have heard the counsel for both the sides for suspension of sentence awarded to this appellant by the Trial Court - Sessions Judge, West Singhbhoom Chaibasa. This appellant has been punished for the offence punishable under Section 302 of the Indian Penal Code for causing murder of Budhni Bhumij.
(3.) LOOKING to the evidences on record there is prima facie, case against this appellant -accused. As the Criminal Appeal is pending, we are not much analyzing the evidences on record, but, suffice it to say that the case of the prosecution is based upon the depositions of more than one eye witnesses who are P.W. 1 and P.W. 4. Looking to the depositions of P.W. 1 and P.W. 4, they have clearly narrated the role played by this appellant -accused for causing murder of the deceased. Their depositions are also getting further corroboration by the deposition of P.W. 3 as well as by the deposition of P.W. 6 who is Doctor M. Lugun who has carried out postmortem of the body of the deceased. Looking to these evidences, there is, prima facie, case against this appellant.;